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(영문) 서울남부지방법원 2015.10.27 2014가단68956
계약금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are based on the following facts: (a) the Plaintiff and the Defendant did not dispute each other; (b) evidence Nos. 1 through 3; (c) evidence Nos. 4-1, 5, 7, 9; (d) evidence Nos. 13; (e) evidence Nos. 20 through 23; (e) evidence Nos. 4 through 8; and (e) evidence Nos. 4 through 8; and (e) evidence Nos. 3’s testimony.

On August 29, 2014, the Defendant entered into a contract with Nonparty D to purchase the Guro-gu Seoul Metropolitan Government E Apartment 303 Dong 602 (hereinafter “instant apartment”).

B. On October 2, 2014, the Plaintiff and D agreed that the instant apartment shall be leased to the Plaintiff with a deposit of KRW 270 million (the balance of KRW 21 million on the contractual date, and the balance of KRW 249 million shall be paid to the Plaintiff on November 28, 2014), and the period from November 28, 2014 to November 27, 2016, the Plaintiff entered into a lease agreement with the Plaintiff as stipulated under a special agreement, and the Plaintiff provided that “the lease under the process of sale is a lease. The new lessor is a lessee. Before the lessee moves into the lease contract, the new lessor paid KRW 20,000,000 to the Plaintiff on the same day (hereinafter referred to as “instant lease agreement”), and the Plaintiff paid the down payment of KRW 20,000,000 to D.

C. On November 14, 2014, the Defendant registered the ownership transfer of the instant apartment in the name of the Defendant.

The Plaintiff and the Defendant agreed to change the “lag” from among the terms and conditions of the instant lease agreement to the “small and medium-sized gambling.”

On November 27, 2014, the Plaintiff, with the Defendant’s telephone number indicated in the sales contract (No. A. 3), notified Nonparty F of the Defendant’s agent Nonparty F of the fact that the Defendant’s agent was not a small cover of the apartment of this case, and requested the Defendant to reverse the contract and pay a double of the down payment.

In addition, F also calls that “I will terminate the contract upon receipt of the contract deposit or start the service on the following day before the maturity, I will choose one of the two.”

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